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MOTOR ACCIDENT INJURIES ACT 2017

- As at 1 February 2019
- Act 10 of 2017

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1.1 - Introductory

   1.1.    Name of Act
   1.2.    Commencement
   1.3.    Objects of Act

           Division 1.2 - Interpretation

   1.4.    Definitions
   1.5.    Meaning of "owner" of a motor vehicle
   1.6.    Meaning of "minor injury"
   1.7.    Determination of threshold degree of permanent impairment of injured person who suffers both physical and psychological/psychiatric injuries

           Division 1.3 - Application

   1.8.    Application of Act to motor accidents occurring after commencement of Act
   1.9.    General restrictions on application of Act
   1.10.   Restrictions on application of Act--accident must be insured or work accident
   1.11.   Application of Part 6 (Motor accident claims), Part 7 (Dispute resolution) and Division 10.3 (Bulk billing arrangements)

   PART 2 - THIRD-PARTY INSURANCE

           Division 2.1 - Compulsory insurance

   2.1.    Offence of using uninsured motor vehicle on road
   2.2.    Exception from compulsory insurance

           Division 2.2 - Insurance policies

   2.3.    Third-party policies
   2.4.    Treatment of certain vehicles for purposes of third-party policy
   2.5.    Issue of certificate of insurance
   2.6.    Evidence of insurance in respect of motor vehicle
   2.7.    Commencement and duration of third-party policy
   2.8.    Cancellation of third-party policies
   2.9.    Risks not insured under third-party policies
   2.10.   Exclusion of acts of terrorism from insurance coverage
   2.11.   Indemnification of insured persons
   2.12.   Liability of licensed insurers and insured persons where correct insurance premiums not paid
   2.13.   Right to recover higher premium resulting from change
   2.14.   Effect of change of ownership of motor vehicle or trader's business
   2.15.   Notice of change of registered particulars relating to motor vehicles
   2.16.   Right of insurer against unauthorised driver of motor vehicle
   2.17.   Extension of indemnity to insured person's estate
   2.18.   Entry of judgment against licensed insurer

           Division 2.3 - Insurance premiums

   2.19.   Authority guidelines for the determination of premiums
   2.20.   Third-party premiums
   2.21.   Filing of premiums
   2.22.   Rejection of premiums by Authority
   2.23.   Insurers to disclose profit margins
   2.24.   Risk equalisation
   2.25.   Adjustment of premiums and Fund levies in case of excess profits or excess losses
   2.26.   Special provisions relating to taxis and hire vehicles and other vehicles

           Division 2.4 - Uninsured or unidentified motor vehicles

   2.27.   Nominal Defendant
   2.28.   Application of Division to statutory benefits
   2.29.   Claim against Nominal Defendant where vehicle not insured
   2.30.   Claim against Nominal Defendant where vehicle not identified
   2.31.   Rejection of claim for failure to make due inquiry and search to establish identity of vehicle
   2.32.   Claim against Nominal Defendant where a NSW registered trailer is attached to a motor vehicle not registered in NSW
   2.33.   Exclusion of acts of terrorism from claims against Nominal Defendant
   2.34.   Nominal Defendant as tortfeasor
   2.35.   Payment of claims against Nominal Defendant
   2.36.   Licensed insurers to act for Nominal Defendant
   2.37.   Recovery from owner or driver
   2.38.   Establishment of Nominal Defendant's Fund
   2.39.   Collections for Nominal Defendant's Fund

   PART 3 - STATUTORY BENEFITS

           Division 3.1 - Entitlement to statutory benefits

   3.1.    Statutory benefits payable in respect of death or injury resulting from motor accident
   3.2.    Statutory benefits payable by relevant insurer
   3.3.    Determination of relevant insurer

           Division 3.2 - Statutory benefits for funeral expenses

   3.4.    Statutory benefits for funeral expenses

           Division 3.3 - Weekly payments of statutory benefits to injured persons

   3.5.    Definitions
   3.6.    Weekly payments during first entitlement period (first 13 weeks after motor accident)
   3.7.    Weekly payments during second entitlement period (weeks 14-78 after motor accident)
   3.8.    Weekly payments after second entitlement period (after week 78)
   3.9.    Maximum weekly statutory benefits amount
   3.10.   Minimum weekly statutory benefits amount
   3.11.   Cessation of weekly payments to injured persons most at fault or with minor injuries after 26 weeks
   3.12.   Cessation of weekly payments to other injured persons after maximum weekly payments period
   3.13.   Termination of weekly payments on retiring age
   3.14.   Obligations to provide authorisations and medical evidence
   3.15.   Requirements for evidence as to fitness for work
   3.16.   Decisions about earning capacity
   3.17.   Treatment, rehabilitation and vocational training
   3.18.   Claimant to notify change of circumstances
   3.19.   Notice required before discontinuing or reducing weekly payments
   3.20.   Refund of weekly payments paid after return to employment
   3.21.   Weekly statutory benefits to persons residing outside Australia
   3.22.   Indexation of weekly statutory benefits
   3.23.   Statutory benefits payable fortnightly
           Note

           Division 3.4 - Statutory benefits for treatment and care

   3.24.   Entitlement to statutory benefits for treatment and care
   3.25.   No statutory benefits for gratuitous attendant care services
   3.26.   Statutory benefits for loss of capacity to provide gratuitous domestic services
   3.27.   Verification of expenses
   3.28.   Cessation of statutory benefits after 26 weeks to injured adult persons most at fault or to injured persons with minor injuries
   3.29.   No statutory benefits for expenses already compensated
   3.30.   Payment of hospital, ambulance, medical and other expenses not covered by bulk billing arrangement
   3.31.   Limits under Guidelines on statutory benefits for particular treatment and care
   3.32.   No treatment and care statutory benefits for treatment and care needs covered by Lifetime Care and Support Scheme
   3.33.   Treatment and care provided while persons residing outside Australia

           Division 3.5 - Restrictions and limitations on statutory benefits

   3.34.   Effect of death on entitlement to statutory benefits
   3.35.   No statutory benefits if workers compensation payable
   3.36.   No statutory benefits for at-fault driver or owner if vehicle uninsured
   3.37.   No statutory benefits payable to injured person who commits serious driving offence
   3.38.   Reduction of weekly statutory benefits after 6 months for contributory negligence
   3.39.   Limitation on statutory benefits in relation to certain mental harm
   3.40.   Effect of recovery of damages on statutory benefits

           Division 3.6 - Miscellaneous

   3.41.   Vocational and return to work support provided by Authority
   3.42.   Statutory benefits claim cannot be redeemed
   3.43.   Recovery of overpayments of statutory benefits
   3.44.   Statutory benefits determinations relating to fault etc not binding in relation to common law claims
   3.45.   Special provisions relating to payment of statutory benefits for treatment and care by Lifetime Care and Support Authority as relevant insurer

   PART 4 - AWARD OF DAMAGES

           Division 4.1 - Application

   4.1.    Damages in respect of motor accidents
   4.2.    General regulation of award of damages
   4.3.    Damages that may be awarded
   4.4.    No damages for minor injuries

           Division 4.2 - Damages for economic loss

   4.5.    Limits on economic loss
   4.6.    Maximum for loss of earnings etc
   4.7.    Future economic loss--claimant's prospects and adjustments
   4.8.    Assessment of impairment of earning capacity if dispute over degree of impairment
   4.9.    Damages for future economic loss--discount rate
   4.10.   Economic loss reduction

           Division 4.3 - Damages for non-economic loss

   4.11.   No damages for non-economic loss unless permanent impairment greater than impairment threshold
   4.12.   Assessment of permanent impairment required if dispute over impairment threshold
   4.13.   Maximum of amount of damages for non-economic loss
   4.14.   Publication of information to assist determination of non-economic loss

           Division 4.4 - Other matters

   4.15.   Mitigation of damages
   4.16.   Payment of interest
   4.17.   Contributory negligence--generally
   4.18.   Defence of voluntary assumption of risk
   4.19.   Standard of care not affected by knowledge of driver's skill and experience
   4.20.   Exemplary or punitive damages
   4.21.   Apportionment of damages
   4.22.   Indexation of maximum for non-economic loss damages

   PART 5 - RECOVERY FOR NO-FAULT MOTOR ACCIDENTS

   5.1.    Definition of "no-fault motor accident"
   5.2.    Liability in case of no-fault motor accident
   5.3.    Presumption that motor accident is no-fault
   5.4.    No recovery of damages for driver who caused accident
   5.5.    Contributory negligence
   5.6.    Recovery of contribution to damages or statutory benefits from person actually at fault
   5.7.    No recovery by Nominal Defendant unless owner or driver actually at fault
   5.8.    Other entitlements not affected

   PART 6 - MOTOR ACCIDENT CLAIMS

           Division 6.1 - Preliminary

   6.1.    Motor Accident Guidelines may deal with the handling of claims
   6.2.    Meaning of "full and satisfactory explanation" by claimant

           Division 6.2 - General duties of claimants and insurers

   6.3.    Duty of claimants and insurers to act with good faith
   6.4.    Duty of claimants and insurers to try to resolve claim justly and expeditiously
   6.5.    Duty of claimants to minimise loss
   6.6.    Directions for compliance with duties
   6.7.    Reports to Authority on compliance

           Division 6.3 - Preliminary matters relating to claims

   6.8.    Motor accident verification requirements
   6.9.    Compliance with verification requirements--claim for statutory benefits
   6.10.   Compliance with verification requirements--claim for damages
   6.11.   Authority's access to police information
   6.12.   Notice of claims for statutory benefits or damages
   6.13.   Time for making of claims for statutory benefits
   6.14.   Time for making of claims for damages
   6.15.   How notice of claims given
   6.16.   Insured not to admit liability or act in respect of claim
   6.17.   Power of insurer to act for insured
   6.18.   Power of insurer to intervene in legal proceedings

           Division 6.4 - Dealing with claims

   6.19.   Acceptance of liability for claim for statutory benefits
   6.20.   Duty of insurer with respect to admission or denial of liability in claim for damages
   6.21.   Costs penalty for unreasonable denial of liability
   6.22.   Duty of insurer to make offer of settlement on claim for damages
   6.23.   Restrictions on settlement of claim for damages
   6.24.   Duty of claimant to co-operate with other party
   6.25.   Duty of claimant to provide relevant particulars of claim for damages
   6.26.   Consequences of failure to provide relevant particulars of claim for damages
   6.27.   Medical and other examination of claimant
   6.28.   Duty of owner and driver to co-operate with insurer

           Division 6.5 - Court proceedings on claims for damages

   6.29.   Application
   6.30.   Forum for court proceedings
   6.31.   Claims assessment or exemption pre-condition for commencement of court proceedings
   6.32.   Time limitations on commencement of court proceedings
   6.33.   Insurer may require claimant to commence court proceedings
   6.34.   Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings
   6.35.   Presumption of agency
   6.36.   Proceedings against insurer if insured dead or unable to be served
   6.37.   Proof of inability to serve process and give notice
   6.38.   Disclosure of offers or assessment by Dispute Resolution Service

           Division 6.6 - Fraud in relation to claims

   6.39.   Licensed insurers to deter fraudulent claims
   6.40.   False or misleading claims
   6.41.   Fraud on motor accidents injuries scheme
   6.42.   Remedy available where claim fraudulent
   6.43.   Joinder of insurer where false claim alleged

   PART 7 - DISPUTE RESOLUTION

           Division 7.1 - Preliminary

   7.1.    Definitions

           Division 7.2 - Dispute Resolution Service

   7.2.    Dispute Resolution Service
   7.3.    Objects of Dispute Resolution Service
   7.4.    Appointment of merit reviewers, medical assessors and claims assessors
   7.5.    Principal Claims Assessor
   7.6.    Control and direction of decision-makers
   7.7.    Provision of training and information
   7.8.    Protection of decision-makers

           Division 7.3 - Internal review

   7.9.    Internal review of insurer's decisions

           Division 7.4 - Merit review

   7.10.   Definitions
   7.11.   Internal review required before making merit review application
   7.12.   Application for merit review
   7.13.   Determination of merit review application
   7.14.   Effect of merit review decision
   7.15.   Review of merit review decision by review panel
   7.16.   Regulations

           Division 7.5 - Medical assessment

   7.17.   Definitions
   7.18.   Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme
   7.19.   Internal review required before medical assessment
   7.20.   Medical assessment procedures
   7.21.   Assessment of degree of permanent impairment
   7.22.   Interim assessment of permanent impairment
   7.23.   Status of medical assessments
   7.24.   Further medical assessment after initial medical assessment
   7.25.   Agreement between parties as to matters in dispute--further assessments and reviews
   7.26.   Review of medical assessment by review panel
   7.27.   Non-binding opinion of medical assessor
   7.28.   Costs of medical assessment
   7.29.   Application of Motor Accident Guidelines

           Division 7.6 - Claims assessment

              Subdivision 1 - Preliminary

   7.30.   Definitions
   7.31.   Application

              Subdivision 2 - Assessment of claims for damages

   7.32.   Reference of claim
   7.33.   Time limits for referring claims and making assessment
   7.34.   Claims exempt from assessment
   7.35.   Arrangements for assessment
   7.36.   Assessment of claims
   7.37.   Claims assessor may assess costs
   7.38.   Status of assessments
   7.39.   Motor Accident Guidelines

              Subdivision 3 - Miscellaneous claims assessments

   7.40.   Definitions
   7.41.   Internal review required before miscellaneous claims assessment
   7.42.   Assessment of miscellaneous disputes in connection with claims

              Subdivision 4 - Claims assessors

   7.43.   Power of claims assessor to require information
   7.44.   Power of claims assessor to provide documents and information to a party
   7.45.   Summons to appear at assessment conference
   7.46.   Proceedings before claims assessors

           Division 7.7 - Miscellaneous

   7.47.   Persons under legal incapacity
   7.48.   Effect of decisions under this Part
   7.49.   Advisory service
   7.50.   Publication of decisions under this Part
   7.51.   Amendment of Schedule 2
   7.52.   Restriction on health practitioners who may give evidence in court and other dispute resolution proceedings

   PART 8 - COSTS AND FEES

   8.1.    Definitions
   8.2.    Application to legal costs
   8.3.    Regulations fixing maximum costs etc recoverable by Australian legal practitioners
   8.4.    Maximum fees recoverable by health practitioners for medico-legal services
   8.5.    Costs where court proceedings and no claims assessment
   8.6.    Other matters relating to costs
   8.7.    Court fees
   8.8.    Claims assessment fees
   8.9.    Maximum fees payable by insurers for treatment and care not provided at hospitals or provided at private hospitals
   8.10.   Recovery of costs and expenses in relation to claims for statutory benefits
   8.11.   Exclusion of matters from this Part

   PART 9 - INSURERS

           Division 9.1 - Licensing of insurers

   9.1.    Offence--unlicensed insurers
   9.2.    Applications for licences
   9.3.    Determination of application for licence
   9.4.    Duration of licences
   9.5.    Conditions of licences
   9.6.    Matters that may be regulated by conditions of licences
   9.7.    Matters not subject to conditions of licences
   9.8.    Assignment of licences
   9.9.    Suspension of licences
   9.10.   Imposition of civil penalty on or censure of licensed insurer
   9.11.   Cancellation of licences
   9.12.   Assignment of policies following cancellation of licence and in other cases
   9.13.   Records and evidence relating to licences
   9.14.   Administrative reviews of licensing decisions by Civil and Administrative Tribunal
   9.15.   Publication of information about insurers

           Division 9.2 - Supervision of licensed insurers

   9.16.   Authority guidelines for market practice
   9.17.   Determination of market share of each insurer
   9.18.   Business plans of licensed insurers
   9.19.   Re-insurance arrangements of licensed insurers
   9.20.   Investment of funds of licensed insurer
   9.21.   Accounts, returns and other records of licensed insurer
   9.22.   Audit of accounting and other records and performance audit
   9.23.   Information and documents as to business and finances to be supplied to Authority by insurers and former insurers
   9.24.   Reports about insurers
   9.25.   Power of Supreme Court to deal with insurers unable to meet liabilities
   9.26.   Notification to Authority of certain defaults in relation to insurers
   9.27.   Proceedings for failure to comply with licence

           Division 9.3 - Self-insurance for government bodies

   9.28.   Definitions
   9.29.   Government bodies may be approved as self-insurers
   9.30.   Self-insurers deemed to be licensed insurers
   9.31.   Application of relevant Acts to self-insurers and self-insurer policies
   9.32.   SICorp as self-insurer

           Division 9.4 - Insolvent insurers

   9.33.   Interpretation
   9.34.   Insolvent insurers
   9.35.   Liquidator to notify Nominal Defendant of claims
   9.36.   Delivery of documents to Nominal Defendant
   9.37.   Appointment of Nominal Defendant as agent and attorney of insured
   9.38.   Payments to insured or liquidator
   9.39.   Application of Nominal Defendant's Fund
   9.40.   Recovery of amounts under contracts or arrangements for re-insurance
   9.41.   Payments of compensation when insolvent insurer dissolved
   9.42.   Borrowings for the purposes of the Nominal Defendant's Fund
   9.43.   Inspection of documents by person authorised by Minister
   9.44.   Nominal Defendant may take certain legal proceedings
   9.45.   Insurers or other persons may act for Nominal Defendant
   9.46.   Regulations

   PART 10 - ADMINISTRATION

           Division 10.1 - Functions of Authority

   10.1.   Functions of the Authority

           Division 10.2 - Motor Accident Guidelines

   10.2.   Motor Accident Guidelines of Authority
   10.3.   Special provision relating to insurance premiums matters in Guidelines
   10.4.   Special provision relating to medical matters in Guidelines
   10.5.   Consultation with insurance and legal stakeholders on Guidelines
   10.6.   Publication and Parliamentary scrutiny of Guidelines
   10.7.   Compliance with Guidelines condition of insurer's licence
   10.8.   Regulations relating to Guidelines

           Division 10.3 - Bulk billing arrangements

   10.9.   Bulk billing arrangements for hospital, ambulance and other expenses
   10.10.  Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme

           Division 10.4 - Financial provisions

   10.11.  Definitions
   10.12.  Motor Accidents Operational Fund (the SIRA Fund)
   10.13.  Assessment by Authority of amount to be contributed to SIRA Fund
   10.14.  Motor Accident Injuries Treatment and Care Benefits Fund (the MAITC Benefits Fund)
   10.15.  Assessment by Lifetime Care and Support Authority of amount to be contributed to MAITC Benefits Fund
   10.16.  Fund levy contribution by persons to whom third-party policies issued
   10.17.  Payment and collection of Fund levy
   10.18.  Refund of Fund levy
   10.19.  Records relating to collection of Fund levies
   10.20.  Audit of Fund levy records
   10.21.  Payment of workers compensation indemnity on behalf of insurers

           Division 10.5 - Information collection and sharing

   10.22.  Definitions
   10.23.  General data gathering, exchange, etc, by Authority, licensed insurers and relevant insurance or compensation authorities
   10.24.  Data required to be supplied to Authority by insurers
   10.25.  Claims register

           Division 10.6 - Investigative powers

   10.26.  Definitions
   10.27.  Appointment of investigation officers
   10.28.  Powers of entry and inspection by investigation officers
   10.29.  Search warrant
   10.30.  Power to obtain information, documents and evidence
   10.31.  Protection from incrimination
   10.32.  Investigation officer may request assistance

   PART 11 - MISCELLANEOUS

   11.1.   No contracting out of Act
   11.2.   Secrecy of information obtained from or relating to insurers or proposed insurers etc
   11.3.   Act to bind Crown
   11.4.   Certificate evidence
   11.5.   Service of documents generally
   11.6.   Service of documents on Authority
   11.7.   Service of documents on Nominal Defendant
   11.8.   Offences by corporations
   11.9.   Proceedings for offences
   11.10.  Penalty notices
   11.11.  Regulation of advertising and other marketing of services
   11.12.  Regulations generally
   11.13.  Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 5 (Repealed)


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